Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1164
Ì591224ÄÎ591224
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
04/12/2023 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Collins) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 748 and 749
4 insert:
5 Section 21. Present subsections (10) through (13) of
6 section 570.71, Florida Statutes, are redesignated as
7 subsections (11) through (14), respectively, and a new
8 subsection (10) is added to that section, to read:
9 570.71 Conservation easements and agreements.—
10 (10) Notwithstanding any other law or rule, the department
11 shall submit a purchase agreement authorized by this section to
12 the Board of Trustees of the Internal Improvement Trust Fund for
13 approval if the purchase price exceeds $5 million.
14 Section 22. Paragraph (b) of subsection (1) of section
15 570.715, Florida Statutes, is amended to read:
16 570.715 Conservation easement acquisition procedures.—
17 (1) For less than fee simple acquisitions pursuant to s.
18 570.71, the Department of Agriculture and Consumer Services
19 shall comply with the following acquisition procedures:
20 (b) Before approval by the board of trustees of an
21 agreement to purchase less than fee simple title to land
22 pursuant to s. 570.71, an appraisal of the parcel shall be
23 required as follows:
24 1. Each parcel to be acquired shall have at least one
25 appraisal. Two appraisals are required when the estimated value
26 of the parcel exceeds $5 $1 million. However, when both
27 appraisals exceed $5 $1 million and differ significantly, a
28 third appraisal may be obtained.
29 2. Appraisal fees and associated costs shall be paid by the
30 department. All appraisals used for the acquisition of less than
31 fee simple interest in lands pursuant to this section shall be
32 prepared by a state-certified appraiser who meets the standards
33 and criteria established by rule of the board of trustees. Each
34 appraiser selected to appraise a particular parcel shall, before
35 contracting with the department or a participant in a multiparty
36 agreement, submit to the department or participant an affidavit
37 substantiating that he or she has no vested or fiduciary
38 interest in such parcel.
39 Section 23. Paragraph (i) of subsection (3) of section
40 259.105, Florida Statutes, is amended to read:
41 259.105 The Florida Forever Act.—
42 (3) Less the costs of issuing and the costs of funding
43 reserve accounts and other costs associated with bonds, the
44 proceeds of cash payments or bonds issued pursuant to this
45 section shall be deposited into the Florida Forever Trust Fund
46 created by s. 259.1051. The proceeds shall be distributed by the
47 Department of Environmental Protection in the following manner:
48 (i) Three and five-tenths percent to the Department of
49 Agriculture and Consumer Services for the acquisition of
50 agricultural lands, through perpetual conservation easements and
51 other perpetual less than fee techniques, which will achieve the
52 objectives of Florida Forever and s. 570.71. Rules concerning
53 the application, acquisition, and priority ranking process for
54 such easements shall be developed pursuant to s. 570.71(11) s.
55 570.71(10) and as provided by this paragraph. The board shall
56 ensure that such rules are consistent with the acquisition
57 process provided for in s. 570.715. The rules developed pursuant
58 to s. 570.71(11) s. 570.71(10), shall also provide for the
59 following:
60 1. An annual priority list shall be developed pursuant to
61 s. 570.71(11) s. 570.71(10), submitted to the council for
62 review, and approved by the board pursuant to s. 259.04.
63 2. Terms of easements and acquisitions proposed pursuant to
64 this paragraph shall be approved by the board and may not be
65 delegated by the board to any other entity receiving funds under
66 this section.
67 3. All acquisitions pursuant to this paragraph shall
68 contain a clear statement that they are subject to legislative
69 appropriation.
70
71 Funds provided under this paragraph may not be expended until
72 final adoption of rules by the board pursuant to s. 570.71.
73
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete lines 76 - 79
77 and insert:
78 circumstances; repealing s. 570.23, F.S., relating to
79 the State Agricultural Advisory Council; amending s.
80 570.71, F.S.; requiring the department to submit
81 specified conservation easement purchase agreements to
82 the Board of Trustees of the Internal Improvement
83 Trust Fund for approval; amending s. 570.715, F.S.;
84 increasing the estimated value threshold for the
85 appraisal of specified conservation easement
86 acquisitions; repealing s. 570.843, F.S., relating to
87 the Florida Young Farmer and Rancher Advisory Council;
88 amending s. 259.105, F.S.; conforming cross
89 references; amending s. 570.93, F.S.;